Kalabai Ramdas Patil (Since Deceased) Through His Lrs. 1-Jayram Ramdas Patil And ORS. v. The State Of Maharashtra And ANR

65 Ia-10656-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10656 OF 2024 IN CROSS OBJECTIONS ST. NO. 17425 OF 2010 IN FIRST APPEAL NO. 331 OF 2010 Kalabai Ramdas patil Since deceased Thr. LRs.

...Applicants.

In the matter between :

State of Maharashtra ...Appellant.

Versus

Prabhakar K. Gavand and Others.

...Respondents.

------ Mr. Sachin Punde for the Applicants.

Mr. A. R. Patil, AGP for the Appellant-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : September 10, 2024.

P. C. :

1.

The Applicants who are the legal heirs of deceased Respondent No. 2 have preferred this application for being impleaded in the Crossobjections as legal heirs of Respondent No.2, for condonation of delay of 11 years and 235 days caused in filing the present application and for setting aside abatement of Cross-objections as against the Respondent No. 2.

2.

Learned counsel appearing for the Applicant submits that the Patil-SR 1 of

65 Ia-10656-2024.doc Applicants, who are agriculturists, are not aware of the legal procedure and as such there occurred delay in communicating the fact of death of Respondent No.2 to their advocate 3.

Learned AGP does not seriously oppose the application. 4.

For the reasons stated, the delay is condoned, the abatement is set aside and the Interim Application is allowed. Amendment in the Cross-Objections to be carried out within a period of four weeks from today.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 11/09/2024 16:28:35